Terms and Conditions of Travel On Freight Train
Freight Train Whitsundays ABN 36048617191 operates the vessel known as Freight Train. The following terms and conditions apply to travel by you on any Freight Train Whitsundays Vessel.
All prices are shown in Australian dollars and are inclusive of GST. Prices are valid from 21st February 2018.
All Freight Train Whitsundays vessel departures and itineraries are subject to weather and may be changed or canceled at Freight Train Whitsundays discretion. Freight Train Whitsundays reserves the right to substitute vessels without notice at any time and for any reason.
Freight Train Whitsundays reserves the right to cancel any trip, or reduce trip duration, in any circumstances, including those which pose a safety risk to you, the Freight Train Whitsundays vessel or crew, such as severe weather, including cyclones.
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If your trip duration is reduced during the trip due to Unforeseen Circumstances, you may be offered a future trip on a Freight Train Whitsundays Vessel, at no cost to you, depending on the amount of time by which your original trip on a Freight Train Whitsundays Vessel was reduced and, subject to availability. You acknowledge that “Unforseen Circumstances” includes but is not limited to the following; inclement weather, issues pertaining to the Freight Train Whitsundays Vessel and any medical emergency, such as injury to guests or crew.
You acknowledge that if you cancel your travel on a Freight Train Whitsundays Vessel less than 7 days before the trip departure date, this will result in the forfeiture by you of the full trip price.
If you can not make your departure due to unforeseen circumstances, including weather-related events and third-party transport, this will result in the forfeiture by you of the full trip price. In this case, we can supply a letter for your travel insurance.
If you request a transfer of a trip departure date up to at least 72 hours before the day of scheduled departure this will incur a $30 transfer fee. No Transfers will be accepted under this 72 hr. period
We recommend you take out travel insurance
You acknowledge that travel with, and the recreational services provided by, Freight Train Whitsundays (such as all in water activities, sailing, and bushwalking) involve risk, including in particular a risk of being stung or bitten by jellyfish and other marine creatures or native fauna. You are advised to wear a stinger suit at all times you are in the water.
You acknowledge that unforeseen circumstances including weather-related events may stop you from reaching the departure point on time. If this happens Freight Train Whitsundays will supply a letter to your insurance company.
Whilst we make every effort to safeguard our passengers travelling on Freight Train Whitsundays Vessels, you acknowledge and agree that Freight Train Whitsundays is not liable to you for personal injury, aggravation of an existing injury or condition, mental injury, contraction of any disease, loss (direct, indirect or consequential) or death (including but not limited to from jellyfish stings) resulting from the recreational services provided by Freight Train Whitsundays , and Freight Train Whitsundays hereby excludes absolutely all such liability to you.
Where the Competition and Consumer Act (CCA) consumer guarantees apply you also acknowledge and agree that the liability of Freight Train Whitsundays for any breach of those consumer guarantees is excluded to the maximum extent possible under section 64A of the Australian Consumer Law and 139A of the CCA, where you are killed, injured (physically or mentally) or contract a disease, or an existing disease is aggravated, arising from your trip on an Freight Train Whitsundays Vessel.
Your agreement with Freight Train Whitsundays is subject to the laws of Queensland, Australia If any of these terms is unreasonable or unenforceable for any reason whatsoever, it shall be severed and the remaining terms will not be affected in any way.
Freight Train Whitsundays January 2018